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Recommendation 1081 (1988)
Problems of nationality of mixed marriages
The Assembly,
1. Referring to its Recommendation 519 (1968) on the
nationality of married women, to the United Nations Convention on
the Nationality of Married Women (1961), to the Council of Europe
Convention on the Reduction of Cases of Multiple Nationality and
Military Obligations in Cases of Multiple Nationality (1963), and
to Resolutions (77) 12 and 13 of the Committee of Ministers on the
nationality of spouses of different nationalities and on the nationality
of children born in wedlock ;
2. Considering that cases of multiple nationality are liable
to give rise to difficulties adversely affecting, inter alia, administrative practices
of the Council of Europe member states, and that the policy adopted
by the above states to reduce the number of cases of multiple nationality
should continue ;
3. Considering that the nationality of a person is not only an
administrative matter, but also an important element of the dignity
and of the cultural identity of human beings ;
4. Reaffirming the principle of equality of the spouses before
the law ;
5. Considering that, in view of the gravity of the economic and
social problems affecting spouses in mixed marriages, that is to
say marriages where the spouses have a different European nationality,
it is desirable that each of such spouses may have the right to
acquire the nationality of the other without losing his or her own nationality
of origin ;
6. Considering that the children born from mixed marriages should
also be entitled to acquire and keep the nationality of both of
their parents ;
7. Considering that the principles governing nationality laws
in Council of Europe member states are often very different and
that problems arise in consequence ;
8. Considering that it is only in exceptional cases that the
fact that a person has several nationalities may render difficult
the application of other Council of Europe conventions and that
this can hardly be considered an argument against the multiple nationality
principle ;
9. Noting that the law on nationality has been substantially
amended in many member states in recent years, particularly for
the purpose of introducing the concept of equality between spouses ;
10. Noting that in the light of recent developments the question
of multiple nationality is being actively discussed, both at national
level in a number of member states and within the Council of Europe,
11. Recommends that the Committee of Ministers instruct the European
Committee on Legal Co-operation (CDCJ) to proceed as a matter of
high priority to a thorough examination of the question of multiple
nationality in mixed marriages, including the children born of such
marriages, with a view to amending the Council of Europe Convention
on the Reduction of Cases of Multiple Nationality and Military Obligations
in Cases of Multiple Nationality, or concluding another binding
legal instrument, aiming also at bringing together the principles
governing nationality laws of member states.